Plant biotechnological patents from the legal perspective
The purpose of this article is to examine the extent to which plant biotechnological patent in terms of natural product which has human intervention, different from other product and the entitlement of such a patent whether it is the inventor or biological donor’s patent? In addition, the articl...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English English |
| Published: |
2009
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| Online Access: | http://psasir.upm.edu.my/id/eprint/16229/1/Plant%20biotechnological%20patents%20from%20the%20legal%20perspective.pdf http://psasir.upm.edu.my/id/eprint/16229/ http://jbiochemtech.com/4five.pdf |
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| Institution: | Universiti Putra Malaysia |
| Language: | English English |
| Summary: | The purpose of this article is to examine the extent to which plant
biotechnological patent in terms of natural product which has human
intervention, different from other product and the entitlement of
such a patent whether it is the inventor or biological donor’s patent?
In addition, the article discusses how would one determine the
“value” added” by the company’s researchers as opposed to the
value contributed by the original genetic material. Meanwhile, the
poor farmers and indigenous people who are the “pioneers” in terms
of the knowledge of the plant, they are left unprivileged and
deprived of their contribution and benefits. Thus, this article would
highlight the significance of the contribution made by the original
donor especially, in a poor developing country whose natural
heritage has been “taken away” without any consideration,
acknowledgment and how to strike a balance between the rights of
an inventor and biological donor? |
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